[Senate Report 108-294]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 613
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-294

======================================================================



 
                 ATCHAFALAYA NATIONAL HERITAGE AREA ACT

                                _______
                                

                  July 7, 2004.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 323]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 323) to establish the Atchafalaya 
National Heritage Area, Louisiana, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Atchafalaya National Heritage Area 
Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Heritage area.--The term ``Heritage Area'' means the 
        Atchafalaya National Heritage Area established by section 3(a).
          (2) Local coordinating entity.--The term ``local coordinating 
        entity'' means the local coordinating entity for the Heritage 
        Area designated by section 3(c).
          (3) Management plan.--The term ``management plan'' means the 
        management plan for the Heritage Area developed under section 
        5.
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (5) State.--The term ``State'' means the State of Louisiana.

SEC. 3. ATCHAFALAYA NATIONAL HERITAGE AREA.

  (a) Establishment.--There is established in the State the Atchafalaya 
National Heritage Area.
  (b) Boundaries.--The Heritage Area shall consist of the whole of the 
following parishes in the State: St. Mary, Iberia, St. Martin, St. 
Landry, Avoyelles, Pointe Coupee, Iberville, Assumption, Terrebonne, 
Lafayette, West Baton Rouge, Concordia, and East Baton Rouge.
  (c) Local Coordinating Entity.--
          (1) In general.--The Atchafalaya Trace Commission shall be 
        the local coordinating entity for the Heritage Area.
          (2) Composition.--The local coordinating entity shall be 
        composed of 13 members appointed by the governing authority of 
        each parish within the Heritage Area.

SEC. 4. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING ENTITY.

  (a) Authorities.--For the purposes of developing and implementing the 
management plan and otherwise carrying out this Act, the local 
coordinating entity may--
          (1) make grants to, and enter into cooperative agreements 
        with, the State, units of local government, and private 
        organizations;
          (2) hire and compensate staff; and
          (3) enter into contracts for goods and services.
  (b) Duties.--The local coordinating entity shall--
          (1) submit to the Secretary for approval a management plan;
          (2) implement the management plan, including providing 
        assistance to units of government and others in--
                  (A) carrying out programs that recognize important 
                resource values within the Heritage Area;
                  (B) encouraging sustainable economic development 
                within the Heritage Area;
                  (C) establishing and maintaining interpretive sites 
                within the Heritage Area; and
                  (D) increasing public awareness of, and appreciation 
                for the natural, historic, and cultural resources of, 
                the Heritage Area;
          (3) adopt bylaws governing the conduct of the local 
        coordinating entity; and
          (4) for any year for which Federal funds are received under 
        this Act, submit to the Secretary a report that describes, for 
        the year--
                  (A) the accomplishments of the local coordinating 
                entity; and
                  (B) the expenses and income of the local coordinating 
                entity.
  (c) Acquisition of Real Property.--The local coordinating entity 
shall not use Federal funds received under this Act to acquire real 
property or an interest in real property.
  (d) Public Meetings.--The local coordinating entity shall conduct 
public meetings at least quarterly.

SEC. 5. MANAGEMENT PLAN.

  (a) In General.--The local coordinating entity shall develop a 
management plan for the Heritage Area that incorporates an integrated 
and cooperative approach to protect, interpret, and enhance the 
natural, scenic, cultural, historic, and recreational resources of the 
Heritage Area.
  (b) Consideration of Other Plans and Actions.--In developing the 
management plan, the local coordinating entity shall--
          (1) take into consideration State and local plans; and
          (2) invite the participation of residents, public agencies, 
        and private organizations in the Heritage Area.
  (c) Contents.--The management plan shall include--
          (1) an inventory of the resources in the Heritage Area, 
        including--
                  (A) a list of property in the Heritage Area that--
                          (i) relates to the purposes of the Heritage 
                        Area; and
                          (ii) should be preserved, restored, managed, 
                        or maintained because of the significance of 
                        the property; and
                  (B) an assessment of cultural landscapes within the 
                Heritage Area;
          (2) provisions for the protection, interpretation, and 
        enjoyment of the resources of the Heritage Area consistent with 
        this Act;
          (3) an interpretation plan for the Heritage Area; and
          (4) a program for implementation of the management plan that 
        includes--
                  (A) actions to be carried out by units of government, 
                private organizations, and public-private partnerships 
                to protect the resources of the Heritage Area; and
                  (B) the identification of existing and potential 
                sources of funding for implementing the plan.
  (d) Submission to Secretary for Approval.--
          (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the local coordinating entity shall 
        submit the management plan to the Secretary for approval.
          (2) Effect of failure to submit.--If a management plan is not 
        submitted to the Secretary by the date specified in paragraph 
        (1), the Secretary shall not provide any additional funding 
        under this Act until a management plan for the Heritage Area is 
        submitted to the Secretary.
  (e) Approval.--
          (1) In general.--Not later than 90 days after receiving the 
        management plan submitted under subsection (d)(1), the 
        Secretary, in consultation with the State, shall approve or 
        disapprove the management plan.
          (2) Action following disapproval.--
                  (A) In general.--If the Secretary disapproves a 
                management plan under paragraph (1), the Secretary 
                shall--
                          (i) advise the local coordinating entity in 
                        writing of the reasons for the disapproval;
                          (ii) make recommendations for revisions to 
                        the management plan; and
                          (iii) allow the local coordinating entity to 
                        submit to the Secretary revisions to the 
                        management plan.
                  (B) Deadline for approval of revision.--Not later 
                than 90 days after the date on which a revision is 
                submitted under subparagraph (A)(iii), the Secretary 
                shall approve or disapprove the revision.
  (f) Revision.--
          (1) In general.--After approval by the Secretary of a 
        management plan, the local coordinating entity shall 
        periodically--
                  (A) review the management plan; and
                  (B) submit to the Secretary, for review and approval 
                by the Secretary, the recommendations of the local 
                coordinating entity for any revisions to the management 
                plan that the local coordinating entity considers to be 
                appropriate.
          (2) Expenditure of funds.--No funds made available under this 
        Act shall be used to implement any revision proposed by the 
        local coordinating entity under paragraph (1)(B) until the 
        Secretary approves the revision.

SEC. 6. EFFECT OF ACT.

  Nothing in this Act or in establishment of the Heritage Area--
          (1) grants any Federal agency regulatory authority over any 
        interest in the Heritage Area, unless cooperatively agreed on 
        by all involved parties;
          (2) modifies, enlarges, or diminishes any authority of the 
        Federal Government or a State or local government to regulate 
        any use of land as provided for by law (including regulations) 
        in existence on the date of enactment of this Act;
          (3) grants any power of zoning or land use to the local 
        coordinating entity;
          (4) imposes any environmental, occupational, safety, or other 
        rule, standard, or permitting process that is different from 
        those in effect on the date of enactment of this Act that would 
        be applicable had the Heritage Area not been established;
          (5)(A) imposes any change in Federal environmental quality 
        standards; or
          (B) authorizes designation of any portion of the Heritage 
        Area that is subject to part C of title I of the Clean Air Act 
        (42 U.S.C. 7470 et seq.) as class 1 for the purposes of that 
        part solely by reason of the establishment of the Heritage 
        Area;
          (6) authorizes any Federal or State agency to impose more 
        restrictive water use designations, or water quality standards 
        on uses of or discharges to, waters of the United States or 
        waters of the State within or adjacent to the Heritage Area 
        solely by reason of the establishment of the Heritage Area;
          (7) abridges, restricts, or alters any applicable rule, 
        standard, or review procedure for permitting of facilities 
        within or adjacent to the Heritage Area; or
          (8) affects the continuing use and operation, where located 
        on the date of enactment of this Act, of any public utility or 
        common carrier.

SEC. 7. REPORTS.

  For any year in which Federal funds have been made available under 
this Act, the local coordinating entity shall submit to the Secretary a 
report that describes--
          (1) the accomplishments of the local coordinating entity; and
          (2) the expenses and income of the local coordinating entity.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There is authorized to be appropriated to carry out 
this Act $10,000,000, of which not more than $1,000,000 shall be made 
available for any fiscal year.
  (b) Cost-Sharing Requirement.--The Federal share of the total cost of 
any activity assisted under this Act shall be not more than 50 percent.

SEC. 9. TERMINATION OF AUTHORITY.

  The authority of the Secretary to provide assistance to the local 
coordinating entity under this Act terminates on the date that is 15 
years after the date of enactment of this Act.

                         PURPOSE OF THE MEASURE

    The purpose of S. 323 is to establish the Atchafalaya 
National Heritage Area in the State of Louisiana.

                          BACKGROUND AND NEED

    The Atchafalaya River flows out of the Red and Mississippi 
Rivers in central Louisiana, and then flows southward, west of 
the Mississippi, 170 miles to the sea. Along the way, it forms 
the largest river swamp in the United States, and provides 
outstanding habitat for a diverse array of fish and wildlife, 
including over two hundred species of birds.
    The basin drained by the Atchafalaya River spans thirteen 
parishes in south central Louisiana. The area is strongly 
associated with the Cajuns, descendants of the French-speaking 
Acadians who settled in the area after they were expelled from 
Nova Scotia (originally called Acadia) in the latter part of 
the eighteenth century. The cultural complexity of the region 
has created a rich tapestry of history, customs, traditions, 
architecture, music, language, and food of national 
significance.
    The State of Louisiana formally designated the Atchafalaya 
River Basin as the Atchafalaya Trace Heritage Area in 1997 in 
recognition of the area's rich natural, scenic, cultural, and 
historic resources. The State established a commission to 
``preserve, enhance, protect, and interpret'' the area's 
resources and heritage, to develop an integrated natural, 
scenic, cultural, and historical resource management plan for 
the area, and to obtain federal recognition of the area as a 
National Heritage Area.
    The Atchafalaya River Basin contains a nationally distinct 
landscape arising from patterns of human activity shaped by 
geography. Its history, culture, and natural and recreational 
resources are of national significance. Federal recognition of 
the area as a National Heritage Area will enable the National 
Park Service to assist the State of Louisiana and citizen 
groups in preserving, protecting, and interpreting national 
important resources for the benefit of all Americans, without 
the need to acquire or manager those resources.

                          LEGISLATIVE HISTORY

    S. 323 was introduced by Senators Landrieu and Breaux on 
February 5, 2003. The Committee on Energy and Natural Resources 
ordered S. 323, as amended, favorably reported on June 16, 
2004.
    During the 107th Congress, the Senate Committee on Energy 
and Natural Resources Subcommittee on National Parks considered 
similar legislation. That bill was favorably reported by the 
Committee on October 4, 2002. The text of S. 2899 was adopted 
as part of a substitute amendment to H.R. 695, legislation 
authorizing numerous heritage areas. H.R. 695, as amended 
passed the Senate by unanimous consent on November 19, 2002, 
but was not considered prior to the sine die adjournment of the 
107th Congress.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in an 
open business session on June 16, 2004, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
323, if amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 323, the Committee adopted 
an amendment in the nature of a substitute. The substitute 
amendment removes the congressional findings and purposes and 
adds text that limits the Federal share of funding made 
available under this Act to not more than 50 percent of the 
total cost of any activity. The amendment conforms the bill 
text to the version as reported by the Committee during the 
107th Congress and is described in detail in the section-by-
section analysis below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 entitles this bill the ``Atchafalaya National 
Heritage Act.''
    Section 2 defines key terms used in the Act.
    Section 3 establishes the Atchafalaya National Heritage 
Area (Heritage Area) and describes the parishes within the 
State of Louisiana to be included in the boundary. This section 
also designates the Atchafalaya Trace Commission as the 
coordinating entity and describes the composition of the 
commission.
    Section 4(a) provides the local coordinating entity with 
the authority to use funds for preparing, updating and 
implementing the management plan. The funds may be used for 
making grants, entering into cooperative agreements and 
contracts for goods and services and hiring and compensating 
staff.
    Subsection (b) establishes the duties of the local 
coordinating entity, including implementing the management 
plan, adopting bylaws, reporting accomplishments and 
expenditures and the undertaking of initiatives that advance 
the Heritage Area.
    Subsection (c) prohibits the local coordinating entity from 
using Federal funds received under this Act to acquire real 
property.
    Subsection (d) requires that the coordinating entity hold 
quarterly public meetings.
    Section 5 requires the local coordinating entity to prepare 
a management plan for the Heritage Area and sets forth the 
elements of the plan.
    Subsection (d) sets forth requirements and deadlines for 
the submission, approval or disapproval, and amendment of the 
proposed management plan and is self explanatory.
    Section 6 states that this Act does not grant any Federal 
agency regulatory authority and will have no effect on the 
authority of any local, state or Federal government to regulate 
land use or environmental quality designations as provided for 
by law.
    Section 7 requires that the coordinating entity submit an 
annual report that describes the accomplishments, income and 
expenditures of the coordinating entity.
    Section 8 authorizes $10,000,000 to be appropriated to 
carry out this Act, with not more than $1,000,000 appropriated 
for any given fiscal year. The Federal share may not exceed 50 
percent of the total cost of any activity. The Committee notes 
that the remaining share, provided by the local coordinating 
entity, may include both non-Federal funds and in kind goods 
and services.
    Section 9 terminates the authority of the Secretary to 
assist the local coordinating entity 15 years after the date of 
enactment.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 22, 2004.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 323, the Atchafalaya 
National Heritage Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

S. 323--Atchafalaya National Heritage Area Act

    S. 323 would establish the Atchafalaya National Heritage 
Area (NHA) in Louisiana. The bill would designate the 
Atchafalaya Trace Commission as the local coordinating entity 
for the proposed NHA. The commission would be responsible for 
developing and implementing a management plan for the 
protection, development, and management of cultural and other 
resources of the area. Finally, the legislation would authorize 
the appropriation of $10 million, not to exceed $1 million 
annually, for financial assistance to the commission over the 
next 15 years.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing S. 323 would cost $10 million over 
the next 10 to 15 years. Such amounts would be used to cover a 
portion of the costs of planning, establishing, operating, and 
interpreting the heritage area. Enacting S. 323 would have no 
effect on revenues or direct spending.
    S. 323 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 323. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 323, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    On May 19, 2004, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth executive views on S. 323. These reports had not been 
received at the time the report on S. 323 was filed. When the 
reports become available, the Chairman will request that they 
be printed in the Congressional Record for the advice of the 
Senate.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 323 as ordered 
reported.

                                  
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